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1757
THE ROLE OF UNITED NATION IN ADDRESSING HUMAN RIGHTS
VIOLATIONS ON SYRIA’S INTERNAL CONFLICTS
Kasanusi
1
, Mar'atus Solikhah
2
, Nensy Triristina
3
, Yunita Rizki Pujiyanti
4
, Khoiruddin
5
Faculty of Social and Politics, Darul ‘Ulum University of Jombang, Jombang, East Java, Indonesia
1
[email protected]
2
[email protected]
3
nensytriristina.fisipol@undar.ac.id
4
yunitarizki.070[email protected]
5
[email protected]m
PAPER INFO ABSTRACT
Received:
November 2022
Revised:
December 2022
Approved:
December 2022
Background: Syria is one of many Arab countries in the Middle East that
are undergoing revolution and civil war. It was motivated by the authoritarian
attitude of the government and the economic downturn that occurred until
there was popular resistance to Bashar al-Assad's regime. This conflict in
Syria has attracted worldwide attention, because one of these cases in Syria
has entered into the most glaring case today, namely regarding human rights
violations.
Aim: This paper is intended to discuss the role of the United Nations (UN)
in human rights violations in the Syrian conflict, the conflict in Syria the
ruling government that uses the tools of the state (military) to deal with
protests by its people, thus, triggers a domestic battle between the
government (the ruling regime of Bashar al-Assad) and the civilians.
Method: This paper uses qualitative research techniques with role theory
analysis, with a realist theory approach, namely by describing the roles of
international organizations (United Nations) where through secondary data,
produce descriptive data according to analysis and existing facts of the
subject or object observed.
Findings: Efforts by the UN and the international community to uphold
human rights in Syria are to send former UN secretary-general Kofi Annan
to trade in Syria, as well as the Arab League, which calls for opposition
groups to unite and proposes the establishment of a transitional government
on the proposal of the UN.
KEYWORDS
Syria, Bashar al-Assad, human rights, UN resolution
© The author(s). This work is distributed under the terms of the Creative
Commons Attribution-ShareAlike 4.0 International License (CC BY-SA 4.0)
INTRODUCTION
Social inequality high unemployment rate, widespread corruption, lack of political
freedom and state suppression under President Bashar al-Assad with authoritarian leadership
style were the triggers for the conflict in the country that began with protests in Hamidiyah
Market in March 2011, Damascus (AN, 2012). It led to the resistance of pro-democracy
demonstrations including protests from school students which led to the arrest of 15 school
students.
The arrests sparked a wave of protests demanding the children be released. The reaction
of the army in the face of the protesters was overrated, as 4 people were reported killed in this
action. The wave of protests also extended from Deraa to the suburbs of Latakia and Banyas
on the Mediterranean Coast or Central Sea, Homs, Ar Rasta, and Hama in Western Syria, and
Deir es Zor in Eastern Syria (Hardyanthi, 2021). In those cities the resistance became more
turbulent and took its toll. Meanwhile, in Aleppo, Syria's largest city after Damascus (The
capital) it is a different story. Armed resistance groups did touch Damascus, but soon they
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moved to Aleppo. It was in this city that civil war broke out and casualties fell, leaving the
entire city devastated.
As the unrest spread, the crackdown intensified. Opposition supporters took up arms first
in self-defense and then drove security forces out of their areas. Assad promised to crush
"foreign-backed terrorism" and restore control over the country. Violence escalated rapidly and
the country plunged into civil war, as well as being the beginning of the Syrian war as hundreds
of rebel brigades were formed to fight government forces.
After the arrest of 15 students in 2011, there was a popular resistance in the city of
Damascus that led the city to become a city gloomy enough to live in. Damascus city residents
who had not previously felt the impact are now beginning to feel it alarming and worried. Until
finally Damascus became an unsafe city anymore. On Saturday, July 14, 2012, the death toll
had reached 17,000 people. That was the beginning of Damascus being dragged into popular
resistance that made the capital of the country flooded with the blood of its own people.
Two years later asuicide bombing exploded near the Baath Party headquarters, not far from
the Russian Embassy building. This is not the first time, but one of the biggest bombings since
the beginning of the Syrian conflict. The UN envoy reported a minimum of 100 people were
killed in this incident, some children. The incident drew backlash from EU foreign minister
Catherine Ashton who condemned as well as the UN special envoy for Syria, Lakhdar Brahimi.
The escalation intensified in 2013 with many Syrians moving and fleeing to other
countries, especially neighboring countries, for protection. Based on a UN report on February
18, 2013, UN agencies estimated the number of refugees at 821,000. On March 3, 2013, the
estimate increased to 975,000 people. 16% of this number were displaced within the last 12
days. According to the latest data from UNHCR, at least 2.5 million Syrians become internally
displaced persons. The Syrian Observatory for Human Rights, a UK-based monitoring group
that has a network of sources on the ground, has documented the death toll of 353,900 people
in March 2018, including 106,000 civilians (Zafar, 2020). The figure does not include the
56,900 people who went missing and presumed dead. The group also estimates about 100,000
deaths have not been documented.
The Center for Documentation of Abuses, which relies on activists in Syria, has noted
what it considers to be in violation of international humanitarian law and human rights law,
including attacks on civilians. The agency has documented 185,980 combat-related deaths,
including 119,200 civilians as of February 2018.
Not only is the issue of conflict that takes a lot of casualties, but there is another thing that
makes this conflict big. It is the participation of foreign parties in the internal conflict that
further adds to why human rights are one of the political tools for acertain country to achieve
its goals (Goodman, 2017; Kennedy, 2017). The participation of the United States and those
who oppose the Syrian government certainly want to overthrow the regime of Bashar al-Assad
(Wakim, 2014). Such foreign parties, especially the United States, give themselves the right to
attack other parties or those deemed to be a threat for the smooth running of a cause for the
welfare of their own country.
Only a few research discuss how Syrian war’s details, especially how UN takes part in this
case. Others mostly reseached the organization’s role in general or in other countries. The
closest is research by Sarkin (2009) surfaced the organization’s role in human rights in Africa.
Another one by Erameh (2017) revealed UN’s role in international civil and political rights.
The Role of United Nation in Addressing Human Rights Violations on Syria’s Internal Conflicts
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Both discussed the UN’s role in different circumstances but the researchers have not yet found
the one bringing up the same organization. Thus, the researchers would like to discuss further
on this topic.
This paper is intended to discuss the role of the United Nations (UN) in human rights
violations in the Syrian conflict. The government that uses the tools of the state (military) to
deal with protests by its people. It then triggers a domestic battle between the government (the
ruling regime of Bashar al-Assad) and the civilians.
METHOD
This paper used qualitative research techniques with role theory analysis, with a realist
theory approach, namely by describing the roles of United Nations where through secondary
data from different relevant documents then analyzed them by reading them thoroughly and
concluding all of them. The researchers produced descriptive data according to analysis and
existing facts of the subject or object observed.
International organizations are categorized into two types, namely International
Governmental Organizations (IGO) such as the United Nations, NATO, and IMF and Non-
Governmental Organizations (NGOs) such as Amnesty International and International Red
Cross (Willetts, 2010). They increase cooperation with the state and also works voluntarily
which moves on the existence of a high moral awareness of the surrounding environment and
its contents. International organizations began to give a significant role to the social phenomena
that occur in society because they have a sense of responsibility over society. The role of
international organizations can be seen in terms of human rights and humanitarian assistance.
RESULTS AND DISCUSSION
The Beginning of the Conflict
The demonstrations that took place in the city of Deraa were considered the beginning of
the struggle against the Assad regime, as the first demonstrations that claimed four lives, four
of the demonstrations were shot dead by security forces as they protested demanding the
freedom of 15 students who were arrested and detained by the security forces. And from here,
neither from Damascus nor from Aleppo the second major city after Damascus, the revolution
began
The arrest of 15 students, all males, occurred on the first Sunday of March, the 6th at a
school in Deraa. They are between the ages of 10-15, making scribbles on the walls of schools
inscribed with revolutionary slogans such as the shouts of the people in Tunisia, Egypt, and
also Libya: "As-Shaab/Yoreed/Eskaat el nizam!", meaning "People/want/subvert the Regime!".
A revolutionary slogan that has been seen and read on televisi that broadcasts revolutions in
Tunisia, Egypt, and Libya on school walls.
What happened in Deraa was already "foreseen" by Joshua Landis. In his article entitled
"Deraa: The government takes off its floves: 15 killed" (Syria Comment, 23 March 2011).
Joshua Landis wrote, “Deraa is very poor and Islamist. Deraa is an example or symbol of all
the problems that exist in Syria. A failed economy, a population explosion, a bad governor, too
many unemployed people, so little freedom rests with them and the security forces that like to
control and coerce. Such conditions are very explosive. Although the government can
temporarily contain the unrest in Deraa.” However, protests, demonstrations will expand,
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leaving the walls in fear of falling. The attitude of young people turned into anger. YouTube,
Al-Jazeera, and mobile phones have changed the game and given the people very powerful
weapons to fight the ruling authorities. The riots sparked nationwide protests demanding the
resignation of President Assad. Assad's violent approach to the demonstrators added to the
mass of the protesters' movement. In July 2011, hundreds of thousands of people took to the
streets across the country. Opposition supporters eventually began to take up arms, first to
defend themselves and then drive the security forces out of their areas.
The violence escalated into civil war as rebel forces formed against government forces for
control of cities and countryside. The battle reached the capital Damascus and the second city
of Aleppo in 2012. In June 2013, the UN said 90,000 people had died in the conflict. In August
2014 that figure doubled to 191,000. And in August 2015, the casualty rate reached 250,000
according to the United Nations.
Factors Causing Conflict
The main factors that led to the prolonged conflict in Syria include:
1) Prolonged Drought Disaster (2006-2011): In 2006-2011 Syria experienced a long
drought. All farm animals died and all agricultural products were crop failed and
destroyed. However, president Al-assad is ignorant of what his people are going
through. The impact of drought is felt by both farmers and ranchers. Nearly 1 million
Syrians have had to lose their farmland and livestock.
2) Torture of Young People in Daraa City Who Protested Against Al-Asaad's
Government Regime (2011): In response to the impact of the 2006-2011 drought, some
youths in Daraa city protested against the government. They scribbled through the wall
to express disappointment with the government not acting to address the food and jobs
crisis. The scribbles contain the demands of the revolution. Later, the 15 youths who
protested were arrested and tortured.
3) The Conflict That Developed Into Civil War (2012): The government wants to crush
the rebels in full force, and does not care about its own civilians. Rebels who are
government opposition groups have the goal of bringing down al-assad's regime.
President Al-assad deliberately attacks sunni muslims regardless of whether they
are civilians or insurgents. President Al-assad tried to turn the initially government-vs.
people-era conflict into a war between religious groups. Al-assad deliberately made
extremists attack him in order to be pitied by the world. The civil war he had created
killed 300,000 people and eventually 12 million Syrians had to be displaced.
4) The Growth of Hardline Sunni Islamist Groups into Anti-Assad Groups (2013): Al-
assad's strategy was quite successful. The hardline Sunni Islamist faction became the
largest anti-Assad group. They also have support from sunni countries such as Saudi
Arabia and Qatar. Meanwhile, Al-assad's government has the support of Iran as a
protector of shiites. Iran also supports the Hezbollah mission in Lebanon which fights
in support of the Al-assad regime. Even the Iranian government sent military advisers
to Damascus, besides that they also supported the Al-assad government with money,
weapons and soldiers.
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5) Syria Splits Into 4 Parties (2014): The conflict continues to develop, this causes Syria
to be divided into four parties. The parties involved in the conflict are the government,
the insurgents, ISIS and the Kurds.
An interview with the US network Fox News, Wednesday, September 18, 2013,
Bashar al-Assad called the conflict in Syria not a "civil war" but rather has been
attacked by tens of thousands of foreign jihadist fighters allied with al-Qaeda.
In an update to the Institute for The Study of War on March 6, 2018, quoted by Al
Jazeera on Sunday (18/03/2018) showing a map of the Syrian conflict that is much
different from before. And it has been controlled by many interests from various
groups that exist in Syria.
Conflict Developments
The current domestic political crisis in Syria appears to have reached a climax, especially
with the growing arms contacts between Bashar al-Assad's government and rebel strongholds
in several cities (Todman, 2016). Since the outbreak of the civil war tens of thousands of people
have been killed as well as thousands more have had to flee to neighboring countries such as
Turkey, Jordan and Lebanon.
Starting in 2013, hardline jihadists, including Al-Qaeda's Syrian wing of the Al-Nusra
Front, expanded their spheres of influence in Syria by recruiting rebels or moderate opposition.
ISIS entered the Syrian conflict by forming the Jabal Nusra militia group or al-Nusra Front,
before announcing a merger with ISIS in 2013 that al-Qaeda rejected. The Syrian government's
focus on military efforts to crush moderate opposition groups gives ISIS a chance to launch
their maneuvers.
In February 2013, the UN said the death toll over the past two years in the conflict in Syria
reached more than 70,000. According to a February 18 UN report, UN agencies estimated the
number of refugees at 821,000 who flooded neighboring countries to seek refuge. And 12 days
later the refugees continued to rise to 975,000. In the same month on the 21
st
of Thursday, a
suicide bomber exploded not far from the Russian Embassy near the Baath Party headquarters
in Damascus' Mazraa District, causing 70 casualties.
A more detailed UN report on violence in Syria emerged on March 11, 2013, compiled by
the Independent International Commission of Inquiry on the Syrian Arab Republic established
by the Human Right Council, an agency under the UN. The report, citing that government
soldiers had bombarded various regions, inflicting casualties and negative reports of Syrian
army action, but also overtly mentioned that anti-government armed groups were committing
violence against civilians. Here's an excerpt of the report.
Since January 15, 2013, three bombings have been recorded in Syria. On January 21, a car
bomb exploded in Al Salamiyeh, Hama province. The Al- Nusra Front claimed responsibility.
Initial reports in the media claimed that a bomb detonated near the headquarters of a pro-
government militia killed about 40 people. The report describes armed groups, in carrying out
violence in densely populated civilian areas, often do so without fulfilling their obligations
under international humanitarian law to protect civilians (Sassòli, 2006). Evidence suggests
anti-government groups have had greater access to weapons, but lack of expertise and training
often leads to unprofessional use of weapons, indiscriminately and less effort to protect
civilians during the attacks (Gill & Corner, 2015).
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The main factor causing the conflict in Syria is the school factor. The reason is that the
conflict in Syria involves many actors, not only the opposition of Assad's Sunni opponents, but
also the leaders of countries such as America, France, and Britain. The involvement of these
parties in the conflict in Syria makes the conflict that has occurred since March 11, 2011, never
seem to subside. The casualties recorded from the time of the conflict to April 2013 have
reached 92,900-100,000 people.
On August 21, 2013, Washington, a moderate opposition supporter, accused the Assad
regime of killing more than 1,400 people with chemical weapons in an opposition-controlled
district of Damascus. A month later, September, the United States and Russia, an ally of Assad,
agreed to a plan to suppress the use of chemical weapons. President Barack Obama at the time
vowed to act if Syria crossed the "red line" using chemical weapons.
Since 2014, the OPCW Fact-Finding Team (FFM) in Syria and the now-disbanded UN-
OPCW Joint Investigation Mechanism, have been investigating the alleged use of toxic
chemicals for hateful purposes in Syria. They determined there were 37 instances where
chemicals were used or likely used from September 2013 to April 2018. The most reported
attacks occurred in Idlib province in the northwest. There were also many events in the
neighboring provinces of Hama and Aleppo, as well as in the Eastern Ghouta area near
Damascus, according to BBC data. All these places were opposition fiefdoms during the war.
The location where the most reported casualties were reported due to chemical attacks was
Kafr Zita, in Hama and Douma provinces in Eastern Ghouta. These two cities became the scene
of a war between opposition fighters and government power (Chapman et al., 2018). According
to reports, the deadliest attack occurred in the town of Khan Sheikhoun, Idlib province on April
4, 2017. Opposition health officials said more than 80 people were killed that day.
Despite chemical weapons being lethal, UN human rights observers later asserted that most
incidents where civilians were killed and targeted involved in the use of conventional weapons
(Price, 2019), such as bulk bombs and explosives in areas where some of the residents were
civilians. The West's first airstrike, launched in September 2014, showed that it directly
interfered to counter jihadist groups, but not to protect civilians in government-controlled
opposition areas. It left the Syrian opposition feeling betrayed, and suggested that a military
solution was a priority over the search for a peaceful settlement.
In addition, Syrian refugee camps in the Jordanian region will soon increase as the rate of
refugees increases to 600 people every day (Al-Rousan et al., 2018). As of April 2014, two
refugee camps in Jordan, Zaatari and Azraq, held 100,000 and 130,000 people, respectively.
Jordan hosts no fewer than 585,000 Syrian refugees.
Over the past three years of the escalating conflict and political instability, the Syrian crisis
have negatively impacted Lebanon's previously relatively stable economic growth (Fattah &
Ramzi, 2014). Although they did not sign the 1951 Refugee Convention, Lebanon has signed
numerous international human rights treaties that are crucial to refugee protection efforts.
However, the issue of law enforcement and administrative practices remains a problem and
hinders the process of meeting the needs of refugees.
A series of rebel victories in early 2015 especially in the city of Idlib saw President Assad
forced to admit that a shortage of troops had led him to cede the regions. However, on
September 30, 2015, Russia launched airstrikes for the first time in support of Assad. Moscow
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said it targeted "terrorist groups". Until finally the Syrian Regime, which is returned by Russia,
since March 2015 has gradually begun to reclaim its territory from ISIS.
On Tuesday, April 4, 2017, there was a chemical weapons attack that killed at least 86
people, revising the previous death toll of 72 in opposition-controlled Idlib. Western
governments have accused Assad of using the banned weapon. Damascus and Moscow deny
the allegations. Three days later, friday (7/4/2017) early morning, a US aircraft carrier in the
Mediterranean Sea fired 60 of its Tomahawk missiles at the Assad regime air base near Homs,
central Syria.
In January 2018, Russia sponsored talks over Syria's future in the Black Sea city of Sochi,
but the opposition bloc boycotted the conference, claiming it was an attempt to cut off UN
efforts to mediate a deal. In August, pro-government forces were deployed for a major
offensive against idlib and the surrounding area.
As of 2018, the conflict has killed 110,687 civilians, including more than 20,000 children
and nearly 13,000 women. While from the pro-government side, more than 124,000 fighters
were killed, half of them regime forces. The rest are assorted Syrian and foreign militias loyal
to Assad. A total of 1,665 victims came from Lebanon's Hezbollah movement. The observatory
recorded the deaths of 64,000 hardline Islamists and jihadists, including from the Islamic State
group and former al-Qaeda alliances. Another 64,800 fighters from other forces, including non-
jihadist rebels, defecting soldiers and Kurdish factions, have also been killed since 2011.
Human Rights Violations in the Syrian Conflict
In his book Hamid Awaludin, former Minister of Law and Human Rights for the period
2004-2007 who now teaches at the Faculty of Law, Hasanuddin University, Makassar, wrote
that human rights are related to the basic concepts of human beings and rights. In general, when
hearing the word “human,” people automatically think of a being who has taste, reason,
instinct, emotion, and so on. This concrete form is a person.
Human rights are basic rights that humans have since they were born (Donnelly, 2019).
Human rights are existing and inherent rights of human beings that if these rights do not exist,
then it is impossible for a person to live as a human being because essentially, humans are
social beings who want to be free (Fiske, 2018; Raz, 2010). These are the only right belongs to
man solely because he is a man of reason, not because of the gift of society or the state. A
human being who can have human rights is a living man so if the human being dies, he cannot
exercise his rights as a human being (Sen, 2004).
Human history records that wars (armed conflicts) between countries and countries,
countries with societies, and societies with societies often lead to human rights violations (le
Billon, 2001). The conflict that has led to human rights violations that are still ongoing today
and there are no signs that the conflict will stop is the armed conflict in Syria (Marauhn, 2012).
This conflict occurs between the state and society. The country, which in this case is led by
President Bashar al-Assad, ordered its soldiers to confront the demonstrators with violence and
heavy weapons that have resulted in heavy casualties by civilians.
A report reported on Wednesday November 13
th
, 2013 by the UN Syrian Commission of
Investigation exposed the siege and relentless heavy weapons attacks, torture, executions and
widespread rape. It said heavy weapons attacks indiscriminately inflicted mostly civilian
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casualties, and were the main cause of residents fleeing to other areas of Syria or to neighboring
countries.
The UN Agency for Refugees reported last week that more than two million people have
been displaced from Syria since the conflict flared in 2011, while 4.25 million people fled
elsewhere in Syria. The UN refugee agency said torture continued to be carried out by both
parties. A resistance movement that has erupted in Syria, since March 2011. Here is a
chronology of human rights violations ranging from mild to the most severe levels.
The UN Security Council strongly condemned the use of heavy weapons in Houla.
According to Whitson, it is not enough for the UN to denounce without real action. According
to him, the UN Security Council (DK) should investigate the case and crack down on the
perpetrators. The incident led the world to denounce Syria. The massacre of more than 90
civilians in the Syrian city of Houla sparked condemnation from various quarters of the world.
There are two point of views in the Syrian conflict. First, human rights violations occurred
because al-Assad defended himself and his country (survive) and to recreate national peace and
security. For this reason, he must be ready to take precautions against anyone who wants to
overthrow his power (egoism). Second, it looks like the interference of the United States and
Britain in this conflict in terms of arms financing and as an initiator in the mobilization of
demonstrators opposed to Bashar al-Assad's government.
In addition, realism views human rights over the conflict that occurred in Syria with the
intervention of foreign parties, one of which is the United States. That makes the Syrian
government do whatever it takes to defend against an attack to be launched by the United
States. Syria strongly disagrees with the interference of the United States and several other
western countries on moral grounds and cracks down on human rights violations in there
(Türkmen, 2014). As an authoritarian State, Syria feels capable of defending its country from
foreign threats.
The UN's Role in the Syrian Conflict
Things the UN Does through UN Resolutions by the UN Security Council
The UN Security Council is one of the main organs in the UN organization tasked with
carrying out world peace, both with UN member states and non-member states, as long as it
threatens world peace. This is because the main function of the UN Security Council, which is
to maintain international peace and security, is carried out in two ways: the first is the peaceful
resolution of international disputes that are seen as threatening international peace and security,
and the second (i.e. if the first method is considered unsuccessful or inadequate) is by coercive
measures.
The Security Council should also play a role in the conflict in Syria, which has entered its
most critical chapter, both material and moral losses continue to plague its people. The Security
Council denounced the action repeatedly and called on Syrian President Bashar al-Assad to
stop attacks on pro-democracy people. The UN or the Security Council specifically acts in
dealing with the conflict in Syria. So the big question arises about the effectiveness of the UN
Security Council, which is considered to have failed in carrying out its duties. The escalation
of the conflict that is increasing year by year as well as the widespread area of fighting and the
increasing number of casualties are humanitarian problems that the UN Security Council
considers to have failed to answer. Then it will be an interesting analysis to study.
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The UN Security Council has passed a resolution regarding the conflict situation relating
to Syria. There are several resolutions that have been passed by the UN Security Council and
look at how effective it is on the ground regarding the conditions of the conflict in Syria,
including:
1) Resolution 2042 (April 14, 2012): This resolution underscores the UN Security
Council's primary commitment to support resolutions passed by the General Assembly
on issues of sovereignty, independence, unity and territorial integrity of Syria and for
the purposes and principles of the charter condemns violations of human rights
occurring in Syria. It is also through this resolution that the UN Security Council urges
the Syrian government to implement the proposals of three of the six points initiated by
the UN envoy and the Arab League, including:
a) Stopping the movement of troops towards the centers of the population;
b) Stop the use of all heavy weapons;
c) Loosening military concentration camps from central population areas
As a key takeaway in this resolution, the Security Council reiterated its position to
urge all armed parties involved in the dispute to comply with three of the six points
proposed by the joint peace envoy of the UN and also the Arab League, namely Kofi
Annan. The conditions behind the issuance of this resolution are the escalation of the
use of heavy weapons by the armed forces on the part of bashar Al-Assad's regime and
also the intensity of the use of force and the establishment of military concentration
camps in the middle of densely populated areas.
2) Resolution 2043 (21 April 2012): Following the UN Security Council's call for a
cessation of violence through an earlier resolution, the UN Security Council then passed
one of the resolutions and decided to establish a special monitoring team, the United
Nations Supervision Mission in Syria (UNSMIS) which is under the command of a
Military Chief Observer, and consists of an initial deployment of as many as 300
unarmed military observers to monitor a peace agreement that has been initiated
between the parties to the dispute. The team acted in order to carry out the mandate of
the implementation of the six main points of peace that had been initiated by Kofi
Annan as a joint envoy between the UN and the Arab League. In addition, this
resolution also calls for all parties to work cooperatively in order to assist in the
implementation of the mission of UNSMIS as part of the peaceful settlement efforts
implemented by the UN Security Council.
In doing so, the UN Security Council renewed the mandate given to UNSMIS by
extending the term of UNSMIS's duties and reconfiguring the peacekeeping mission to
the Syrian conflict. The UN Security Council passed resolution No. 2059 containing
decisions on commendation of UNSMIS's performance as well as renewing the 84 work
mandates of the supervision team. This resolution itself was published on July 20, 2012
or coincided with the deadline for the monitoring team as stated in the previous
resolution, which was 90 days.
3) Resolution 2139 (February 22, 2014): As part of the continuous efforts and the issuance
of several resolutions recorded, namely, resolutions numbered 2042, 2043, and 2118
there has been a surprising development, where the violence is increasing in a very
terrible intensity. The report from the UN Secretary-General is that more than 100,000
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people including 10,000 children have been victims of the armed conflict taking place
in Syria. Also in this resolution, the Security Council reported very poor conditions in
which as many as 2.4 million people have become refugees who have fled to various
areas around Syria, namely Lebanon, Jordan, Turkey, Iraq and Egypt. One of the points
worth noting in this resolution is the UN's awareness of maneuvering from
organizations affiliated with Al-Qaeda (as terrorism organizations). Strongly condemn
that terrorism in all respects is the worst threat to international peace. Meanwhile, in its
resolution, the UN Security Council again urged all parties to immediately end the
violence and referred back to the Geneva Conference of June 30, 2012 to immediately
form a transitional government that could present an aspirational government. In this
resolution, the UN Security Council also restated its stance regarding the contemporary
situation in Syria, namely:
a) Condemn all violations of human rights and international humanitarian law
committed by the Syrian authorities and the opposition. This is related to the
occurrence of sexual violence and gender-based violence, as well as the occurrence
of crimes against children;
b) Demand that all parties immediately end all forms of violence. Because the
conditions that have occurred have shown violations of human rights and the laws
of war;
c) Demand that all parties immediately cease all attacks directed against civilians
including aerial bombing, the use of barrel bombs and the use of other heavy
weapons;
d) Demand to all parties primarily for the Syrian government to implement the
provisions of the October 2, 2013 Presidential Statement of the Security Council
(S/PRST/2013/15) in facilitating the expansion of humanitarian operations
assistance, in accordance with the applicable provisions of international
humanitarian law: and
e) Calling on all parties to immediately lift the siege of populated areas, including in
the Old Town of Homs (Homs), Nubl and Zahra (Aleppo), Madamiyet Elsham
(Damascus Countryside), Yarmouk (Damascus), East Ghouta (Damascus
Countryside), Darayya (Damascus Countryside) and other locations. It also calls for
the parties to the dispute to determine a humanitarian pause or ceasefire so as to
allow humanitarian agencies to evacuate citizens in need of medical assistance.
4) Resolution 2254 (18 December 2015): In this resolution the UN Security Council
provides policies specifically with regard to the political conditions of Syria. The
formation of a new international community in this case the International Syria Support
Group (ISSG) became a new dynamic for the continuation of the conflict that occurred
in Syria. ISSG in its statement urged that a consistent political transition be
implemented immediately as discussed at the Geneva Conference of June 30, 2012.
Some verses of this resolution are:
a) Reconfirming support for the Geneva Conference deal as the basis of the political
transition in Syria and ending the ongoing conflict in Syria;
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1767 Interdisciplinary Social Studies, 2(3), Dec 2022
b) Request to the Secretary-General through his special envoy in Syria, to present
representatives of the Syrian government and the opposition to engage in formal
negotiations on the political transition process urgently;
c) Recognizing the role of the International Shia Support Group (ISSG) as a central
platform to facilitate UN efforts in reaching political agreements in Syria;
d) Expressing his support in this regard, for the sake of the political process taking
place in Syria. To establish in six months, a credible, inclusive transition process
and the formation of a non-sectarian government and support the process of drafting
a new constitution. And further, expressing its support for holding free and fair
elections, in accordance with the new constitution;
e) Recognise the close link between the ceasefire and the political process, and in this
regard it will be supported by the ISSG as soon as representatives of the Syrian
government and the opposition have begun the initial steps towards a political
transition under the auspices of the UN;
f) Request to the Secretary-General to lead efforts, through the Office of the Special
Envoy and Consultation of relevant parties to determine the requirements related to
the ceasefire process; and
g) Stressed on the need for ceasefire monitoring mechanisms, verification and
reporting. Request the Secretary-General to report to the Security Council on the
options regarding the mechanisms pursued.
5) Resolution 2235 (7 August 2015): In this resolution, the UN found indications
regarding the use of chemical weapons used in armed conflicts. The blatant use of
chemical weapons in accordance with the findings of the fact-finding mission has
violated the Convention on the Prohibition of the Development, Production, Hoarding
and Use of Chemical Weapons and their Destruction. Given that Syria is also included
as one of the parties that have agreed to the convention, the use of chemical weapons
such as chlorine is a violation of the content of the treaty agreed in the convention and
the use of chemical weapons is a serious violation of international law.
In this resolution, the UN Security Council took a decision, namely, considering
that in resolution 2118, it decided that Syria would cooperate fully with the
Organization For Prohibited Chemical Weapons (OPCW) and the UN:
a) Repeating the strong condemnation of any use of toxic chemicals such as
chlorine, as a weapon in the Syrian conflict;
b) Given the decision that Syria will not use, develop, produce, acquire, stockpile,
maintain chemical weapons;
c) Express a determination to identify those responsible for these actions and
reaffirm that persons, agencies, groups or governments are responsible for the
use of chemicals as weapons, including chlorine or toxic chemicals; and
d) Request to the Secretary-General, in coordination with the Director-General of
the OPCW to operate an investigative mechanism in more broadly identifying
individuals, agencies, groups or governments involved in the use of chemicals
as weapons.
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In addition to these five resolutions, throughout 2012 to 2017 the UN Security Council has
passed a number of resolutions relating to efforts to resolve the conflict of Syria, as listed in
the following table:
Table 1. UN Security Council’s Resolutions to Resolve Syrian Conflicts
Date
Voting
Resolution Object
S/RES/2042
14 April
2012
Unanimous
Vote
Resolution on the Syrian Civil War
Situation
S/RES/2043
21 April
2012
Unanimous
Vote
Resolution on the Establishment of a UN
Monitoring Team (UNSMIS) in Syria
S/RES/2059
20 July
2012
Unanimous
Vote
Resolution on Renewal of Mandate to
Surveillance Mission in Syria
S/RES/2118
27
September
2013
Unanimous
Vote
Resolution on the Elimination of the Use
of Chemical Weapons in Syria
S/RES/2139
22 February
2014
Unanimous
Vote
Resolution on Providing Access to
Humanitarian Assistance in Syria
S/RES/2165
14 July
2014
Unanimous
Vote
Resolution on Monitoring the
Humanitarian Situation in Syria
S/RES/2209
March 6,
2015
14-0-1 (Abstain
: Venezuela)
Resolution on the Use of Chemical
Weapons in Syria
S/RES/2254
18
December
2015
Unanimous
Vote
Ceasefire Resolution
S/RES/2268
26 February
2016
Unanimous
Vote
Resolutions Regarding Political
Negotiations Between The Parties
Dispute
S/RES/2314
31 October
2016
Unanimous
Vote
Resolution on the OPCW's Mandate to
Identify the Use of Chemical Weapons in
Syria
S/RES/2319
31 October
2016
Unanimous
Vote
Resolution on the Renewal of the OPCW
Mandate in Syria for a Year
S/RES/2328
19
December
2016
Unanimous
Vote
Resolution on Granting Access to Civil
Evacuation Monitoring Teams from
Aleppo
S/RES/2332
21
December
2016
Unanimous
Vote
Resolution on Authorizing Cross-Border
Aid Shipments in Syria
OnDecember 19, 2016, the UN Security Council passed a resolution related to the conflict
in Syria, namely UN Security Council resolution No. 2328 with the title "The Situation in the
Middle East (Syria)". The resolution was unanimously issued by members of the UN Security
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1769 Interdisciplinary Social Studies, 2(3), Dec 2022
Council. The core of the resolution provides a mandate for parties involved in the armed
conflict in Syria to provide assistance to civil society.
The assistance intended in the above resolution is in the form of assistance to evacuate
civilians in Syria who are victims of the armed conflict in Syria and provide medical assistance
with facilities to support such medical assistance such as hospitals, transportation, and so on.
Here is the effectiveness of UN Security Council Resolution No. 2328 of 2016:
Table 2. Checklist of UN Security Council Resolution No. 238 of 2016
Already
Implemented
Not Yet
Implemented
√
-
√
-
√
-
√
-
√
-
√
-
√
-
-
√
√
-
The humanitarian crisis that occurred in Syria during the conflict has made the UN Security
Council oblige parties involved in the Syrian conflict to provide fast, safe and unhindered
access to the delivery of such aid. The humanitarian assistance, which also includes the
evacuation of civilians affected by the conflict as well as medical assistance, protection of
medical personnel and medical facilities is basically relevant to Article 18, Article 21 and
Article 23 Chapter II of the Geneva Convention of 1949. Then regarding the protection of
medical personnel and medical facilities is regulated in Article 12 paragraph (1) of Additional
Protocol I regarding the Protection of Health Units and Article 21 Part II of Additional Protocol
I of the Geneva Convention Regarding Health Vehicles.
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1770 Interdisciplinary Social Studies, 2(3), Dec 2022
Humanitarian assistance in the form of evacuating Syrian people who were victims of the
Syrian conflict and providing medical assistance with medical facilities to support medical
assistance such as hospitals, transport, it was reaffirmed further that the provisions of the
Geneva Conventions of August 12, 1949 and Additional Protocol I of the Geneva Conventions
shall be fully implemented in all circumstances for all persons protected by such agreements
without an adverse distinction based on the nature or origin of the armed dispute or the principle
of causes caused by oeh or which is ascribed to the Parties to the dispute.
The Chairman of the UN High Commission for Humanity, Prince Zeid bin Raad Al-
Hussein, Monday (03/19/2018), strongly criticized the UN Security Council for failing to
defend Human Rights and prevent more losses in Syria. Today, more than half a million people
have died as a result of the conflict in Syria. He added that many who tried to document human
rights violations were arrested, tortured or killed. The UN Security Council is unlikely to be
able to make sacrifices like the human rights fighters who are all over Syria.
CONCLUSION
The conflict in Syria is a very complex one, it is said that the political conflict caused by
the conflict that erupted was due to the disillusionment of the regime that was unable to bring
prosperity to the Syrian people. On the other hand, this conflict also has a legal dimension,
which is related to the struggle for the identity of the owner of sovereignty and legitimate
government, so that the proper identification that this conflict has a political and legal content
that is entrenched into a unified problem. The involvement or interference of other countries
also provides additional arguments to state that this conflict developed from just an internal
civil war to an international conflict that must be resolved immediately because it poses a
potential threat to world peace.
The efforts made by the UN and the international community to uphold human rights in
Syria are to send former UN secretary-general Kofi Annan to trade in Syria, as well as the Arab
League which calls for opposition groups to unite and proposes the formation of a transitional
government on the proposal of the UN. And also Western countries that withdrew their
ambassadors from Syria, as well as expelled Syrian diplomats to their home countries. Even
so, peace has not been achieved because it exists because the five permanent members of the
UN Security Council often disagree in seeking a peace solution in Syria. This is evident where
Russia and China have vetoed UNSC resolutions three times for Syria.
The researchers hope that this study help readers collect more information regarding what
has been happening in Syria. Furthermore, future research are expected to delve deeper into
more issues revolving around Syrian War to unfold everything related to it.
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